Bill Text: NY A06162 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires, upon granting a temporary restraining order, the court shall hold a hearing for a preliminary injunction within 10 days.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to judiciary [A06162 Detail]

Download: New_York-2011-A06162-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6162
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 8, 2011
                                      ___________
       Introduced by M. of A. V. LOPEZ -- read once and referred to the Commit-
         tee on Judiciary
       AN  ACT to amend the civil practice law and rules, in relation to tempo-
         rary restraining orders
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision (a) of section 6313 of the civil practice law
    2  and rules, as amended by chapter 235 of the laws of 1982, is amended  to
    3  read as follows:
    4    (a)  Generally.    If,  on  a motion for a preliminary injunction, the
    5  plaintiff shall show that immediate  and  irreparable  injury,  loss  or
    6  damages  will result unless the defendant is restrained before a hearing
    7  can be had, a temporary restraining order may be granted without notice.
    8  Upon granting a temporary restraining order, the  court  shall  set  the
    9  hearing  for  the  preliminary injunction at the earliest possible time,
   10  BUT NOT MORE THAN TEN DAYS FROM THE ISSUANCE OF THE TEMPORARY  RESTRAIN-
   11  ING  ORDER.  IN THE EVENT A HEARING ON THE PRELIMINARY INJUNCTION IS NOT
   12  HELD WITHIN TEN DAYS FROM THE ISSUANCE OF A TEMPORARY RESTRAINING ORDER,
   13  SUCH TEMPORARY RESTRAINING ORDER  SHALL  BE  AUTOMATICALLY  VACATED  AND
   14  CEASE  TO  HAVE  ANY FURTHER FORCE OR EFFECT. A HEARING ON A PRELIMINARY
   15  INJUNCTION WHERE A TEMPORARY RESTRAINING ORDER HAS  BEEN  GRANTED  SHALL
   16  NOT  BE ADJOURNED EXCEPT ON CONSENT OF THE PARTY OR PARTIES AGAINST WHOM
   17  THE TEMPORARY RESTRAINING ORDER WAS  ISSUED,  OR  UNLESS  THE  TEMPORARY
   18  RESTRAINING ORDER IS VACATED. IN THE EVENT THAT SUCH TEMPORARY RESTRAIN-
   19  ING ORDER IS VACATED BECAUSE A HEARING ON THE PRELIMINARY INJUNCTION WAS
   20  NOT HELD WITHIN TEN DAYS OF ITS ISSUANCE, NO FURTHER TEMPORARY RESTRAIN-
   21  ING ORDER MAY BE GRANTED.
   22    IN THE EVENT THAT THE COURT DOES NOT DETERMINE THE MOTION FOR PRELIMI-
   23  NARY INJUNCTION ON THE RETURN DATE THE COURT SHALL NOT EXTEND THE TEMPO-
   24  RARY  RESTRAINING ORDER UNLESS THE PARTY SEEKING TO EXTEND THE TEMPORARY
   25  RESTRAINING ORDER SHALL GIVE AN UNDERTAKING IN AN AMOUNT  FIXED  BY  THE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09399-01-1
       A. 6162                             2
    1  COURT  THAT THE PARTY IF IT IS FINALLY DETERMINED THAT HE OR SHE WAS NOT
    2  ENTITLED TO A TEMPORARY RESTRAINING ORDER, WILL PAY TO THE PARTY AGAINST
    3  WHOM THE TEMPORARY RESTRAINING ORDER WAS ISSUED, ALL DAMAGES  AND  COSTS
    4  WHICH  MAY BE SUSTAINED BY REASON OF THE TEMPORARY RESTRAINING ORDER. IN
    5  THE EVENT THAT SUCH TEMPORARY RESTRAINING ORDER IS NOT EXTENDED  BECAUSE
    6  AN UNDERTAKING WAS NOT GIVEN, NO FURTHER TEMPORARY RESTRAINING ORDER MAY
    7  BE  GRANTED.  No temporary restraining order may be granted in an action
    8  arising out of a labor dispute as defined in section eight hundred seven
    9  of the labor law, nor against  a  public  officer,  board  or  municipal
   10  corporation  of  the  state  to  restrain  the  performance of statutory
   11  duties.
   12    S 2. This act shall take effect on the thirtieth day  after  it  shall
   13  have become a law.